DWI Defense – Case Results for Attorney Bill Mange

If you have been arrested for drunk driving in Travis, Williamson or Hays County, Austin DWI Lawyer Bill Mange will spearhead the aggressive defense you need. As a DWI defense lawyer, Bill Mange has an impressive record of case results, including dismissals, pleas for lower offenses and acquittals.

Attorney Bill Mange is certified to administer Field Sobriety Tests—the same tests that law enforcement officers use to decide whether to arrest someone for DWI. He can evaluate the video taken during the test to determine whether the test was administered correctly, and use that information to plan an effective defense and negotiate with prosecutors.

These results show that Criminal Defense Lawyer Bill Mange defends his clients vigorously, skillfully and effectively every step of the way.


Successful Defense of DWI Charges in Austin

Note that these case summaries do not guarantee results in any future case. The outcome of any individual criminal case depends on the facts and the law in that case.

  • Failed Blood Test
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    Failed Blood Test
    RESULT: The jury found my client not guilty.

    I tried a blood test case in which the APD crime lab tested the results at 0.163. My client had a good video in terms of his speech, his responsiveness to the officer’s questions, and in terms of his performance on the walk and turn test and the one leg stand test.

    The difficulty with the video was that my client remarked that he was not drunk or buzzed, because he would not drive his nice car under those circumstances. Instead, he said, when he drinks and drives, he drives a different car.

    He also admitted to having consumed seven drinks that day. Predictably, the APD crime lab analyst testified that the results were scientifically reliable and accurate.

  • Failed Horizontal Gaze Nystagmus Test not Related to Drinking
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    Failed Horizontal Gaze Nystagmus Test not Related to Drinking
    RESULT: DWI case dismissed.

    According to Officer Bundick, when the light turned green, my client drove in a way that made another vehicle take evasive action. Also, according to the police, my client turned to head east on West Cesar Chavez and crossed over a white line to the outside lane of traffic without using its turn signal. My client then continued eastbound on West Cesar Chavez and in the 200 block of that street, moved to the left from the outside lane across the number two lane and then continued to move to the left to the number one lane without signaling his intent to do so. The police officer noted that my client had a strong odor of an alcoholic beverage on his breath, his eyes were bloodshot and glassy, and his speech was mumbled and slurred. The officer said my client's balance was swayed, that his attitude was uncooperative, that he lied, that he was disoriented, and that in both walking and turning, my client was staggering, stumbling, and hesitant. My client admitted to drinking one 16 ounce draft beer, but the results of the preliminary breath test (which is not admissible in court) was 0.162. My client wisely refused to blow into the Intoxilyzer and refused to consent to the police drawing his blood. My investigation of the case showed that there were three reasons why the officer would see horizontal gaze nystagmus in my client's eyes that are not related to drinking too much. I also found two reasons why he would perform poorly on the walk and turn test and on the one leg stand test, one of those reasons being that my client has a bad knee. Ultimately, the state dismissed the driving while intoxicated charge in exchange for my client pleading no contest to a charge of obstruction of a passageway.

  • Field Sobriety Tests Results Successfully Defended
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    Field Sobriety Tests Results Successfully Defended
    RESULT: DWI case dismissed.

    In July of 2008, officer Oborski came upon my client because her vehicle had been in a very minor collision. Officer Oborski wrote in his probable cause affidavit that he saw six of six possible clues in the horizontal gaze nystagmus test, two of a possible eight clues on the "walk and turn" test, and two of four possible clues on the one leg stand test. I reviewed the video. My client admitted to having consumed 2 1/2 bottles of beer and some more beer from a pitcher. My client noted that she was really nervous because she'd never had anything like that happened to her before. She said that several times. On the "walk and turn" test, the officer noted that my client had made an improper turn, even though she took two steps to comply with his instruction on how to perform the turn prescribed by the National Highway Traffic Safety Administration's manual on field sobriety tests. When I watched the video and didn't see any sway. I can't say the officer was wrong, because he was there, and I wasn't. In any event, my client got a happy result.

  • Officer Failed to Read Miranda Warning
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    Officer Failed to Read Miranda Warning
    RESULT: DWI case dismissed.

    According to the police, my client was driving 62 miles an hour in a 45 mile an hour zone in his silver Corvette. My client had just pulled out of a karaoke bar. The officer said that my client had watery and glassy eyes and that his speech was slurred. My client admitted to having consumed three beers at one club, along with a rum and coke. My review of the video showed that my client admitted to drinking alcohol at a bar before the karaoke bar, but only water at the karaoke bar. I also noticed that certain questions which the officer asked were asked after he arrested my client and that the officer failed to read my client his Miranda warnings. I also noticed that the police officer, though he was on the DWI enforcement team, set the camera so low that you couldn't see whether he was correctly administering a horizontal gaze nystagmus test. I further noticed that when the officer demonstrated the walk and turn test, his steps were not heel to toe and that his steps appeared to be more than the width of 1 foot. I further noticed that my client began performing the "walk and turn" test in response to a nonverbal cue and that the officer failed to tell my client not to start until after my client had already in fact started.

  • Underage Drinking; Officer Botched Horizontal Gaze Nystagmus Test
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    Underage Drinking; Officer Botched Horizontal Gaze Nystagmus Test
    RESULT: Case dismissed.

    My client was drinking underage when he was pulled over in his neighborhood for a traffic violation. The video showed that the officer botched the horizontal gaze nystagmus test (the wave the pen in front of the eyes test) and that my client did reasonably well on the walk and turn test, even though he did fail that test according to National Highway Traffic Safety Administration (“NHTSA”) standards. The prosecutor was using my client’s incarceration to pressure my client to plead to the DWI. This is powerful leverage the State has over a defendant, and I fear that many people who are falsely accused of crimes plead simply to get out of jail and go back to work, to avoid losing their jobs, homes, and marriages. I discussed my client’s options with him and he opted for a jury trial, instead.

  • Young Woman Intimidated By Three Male Officers
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    Young Woman Intimidated By Three Male Officers
    RESULT: Case dismissed.

    My client, an attractive young woman dressed for a night out with friends, was stopped very early in the morning for nearly driving into some cones that were blocking off the street. The police officer even claimed that my client nearly hit his patrol car, “nearly” being the operative word.

    The videotape of the field sobriety tests showed that it was very difficult to hear what the officer and my client were saying because there was a road repair crew with their heavy equipment in the background. But you could hear my client admit to drinking 4 pints of beer and that the officer repeatedly admonished her not to move her head during the HGN test. My client exhibited 4 of the 8 possible clues on the walk and turn test, 2 of the 4 possible clues on the one leg stand test, and estimated 52 seconds as being 30 seconds on the (non-standardized) Romberg balance test.

    The videotape also showed that my client could well have felt pretty intimidated when surrounded by three male police officers, especially dressed as she was. The officers plainly were either unaware of how uncomfortable they made my client. There was no apparent need for so much close security on a young woman who was not armed, cooperative, and compliant.

  • Pulled Over on Windy Day; Officer Made Mistakes with Pen In Front of Eyes
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    Pulled Over on Windy Day; Officer Made Mistakes with Pen In Front of Eyes
    RESULT: Case dismissed.

    On a very windy evening, my client was driving himself and two friends out of Austin when he was pulled over by the Texas Highway Patrol. The trooper botched the horizontal gaze nystagmus test (the wave the pen in front of the eyes test) by failing to clear up the issue of whether my client had suffered a head injury and by moving his pen too fast and too low. The pen is supposed to be held slightly above eyebrow level, but the trooper held it below my client’s eyes. My client was considerably taller than the trooper. The trooper scored my client as having exhibited 4 of the 8 possible clues on the walk and turn test and 2 of the 4 possible clues on the one leg stand test.

  • Officer Gives Incorrect Instructions During Field Sobriety Test
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    Officer Gives Incorrect Instructions During Field Sobriety Test
    RESULT: Case dismissed.

    The police officer was going to testify that my client ran a red light. He turned on his emergency lights and she pulled over, using her signal appropriately. Once he smelled alcohol on my client's breath, he asked her to step out of the car and do the "field sobriety tests." On the ‘wave the pen around in front of the driver's face’ test, the officer held the pen too close to her face, held the pen too high above her head, and moved it too quickly.

    My client exhibited 4 of the 8 possible clues on the Walk and Turn test, but I showed the prosecutor that one clue wasn't her fault, since the officer's mistakes in giving instructions failed to tell her what she needed to know.

    My client's one leg stand test was just not very good. There's no other way to put it.

  • Potential Racial Bias with Officer Losing His Temper
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    Potential Racial Bias with Officer Losing His Temper
    RESULT: Case dismissed.

    My client was pulled over for speeding and other traffic violations. The officer became immediately upset with everything my client did, up to and including how he handed over his driver's license. I checked the officer's disciplinary history and it was extensive -- particularly with how he dealt with Hispanics -- and my client was Hispanic. The video cut out altogether shortly after the officer appeared to be in danger of completely losing his temper.

  • Field Sobriety Test Instructions Translated Incorrectly from Spanish
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    Field Sobriety Test Instructions Translated Incorrectly from Spanish
    RESULT: Case dismissed.

    In this case, the officers quickly acknowledged that my client could not speak English, but once the Spanish speaking officer arrived, the Field Sobriety Tests turned into a train wreck. By that I mean, during the "wave the pen test" the pen went both up and down and side to side. The instructions on the walk and turn test were sometimes given correctly in English, but sometimes mis-translated, or the instruction was omitted in Spanish altogether.

  • Officer Incorrectly Explained Walk and Turn Test
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    Officer Incorrectly Explained Walk and Turn Test
    RESULT: Case dismissed.

    My client was pulled over for speeding, nothing more. He was polite and cooperative with the officer. During the "wave the pen in front of the driver's eyes test," the officer had set the camera in his car so low you couldn't see how well he administered the test. The officer demonstrated and explained the walk and turn test incorrectly. My client's performance on the one leg stand was not great, but not too bad.

  • Non-English Speaker Badgered Into Breath Test
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    Non-English Speaker Badgered Into Breath Test
    RESULT: Case dismissed.

    Early one morning, my client's vehicle was stationary, and partly on and partly off, an entrance ramp to the MoPac expressway. So the police had a legitimate public safety interest in checking into what my client was doing. They found him asleep (literally) at the wheel. They got him out of the vehicle. The first thing my client (who comes from an Asian country) said was "I don't speak English." One of the officers just really did not care at all. He deliberately manipulated my client into performing Field Sobriety Tests, the instructions to which my client could not understand. He repeatedly (and illegally) asked my client whether he would blow. At first, my client said "no." When asked again, my client again declined. When asked a third time, my client's answer was "I can't do that." When asked yet again, my client said "I want to go." The law at the time was the officer can only ask once. And when the officer has gotten a "no" from the accused driver he has to stop asking whether the driver will blow. My client blew a .212 and a .215, a little less than 3 times the limit. The judge suppressed the breath test result.

  • Police Officer Could Not Explain Why Client Failed Walk and Turn Test
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    Police Officer Could Not Explain Why Client Failed Walk and Turn Test
    RESULT: Client kept his license and the criminal case against him was dismissed.

    Client was pulled over by an officer who testified at the ALR hearing that my client's turn on the "walk and turn" test was incorrect. Since it appeared identical to how the officer had demonstrated it to my client, I asked what about it was incorrect. After all, my client took just as many steps in the "series of small steps" in the turn as was demonstrated to him. The officer simply replied "it's just incorrect."

  • Officer Performed Walk and Turn Test on Slope
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    Officer Performed Walk and Turn Test on Slope
    RESULT: Case dismissed.

    Client was speeding when he was pulled over. The officers asked him to walk over to a parking lot where the slope was very noticeable to perform his walk and turn test. Also, it had been raining and was slippery. The video was grainy and out of focus during the horizontal gaze nystagmus (or "pen" test), but it appeared the officer had his pen too close to my client's face. The officer said client could not remain in the instructions position but the video showed otherwise. Client passed the One Leg Stand test with flying colors though officer said he swayed and used his arms for balance.

  • Office Demonstrates Walk and Turn Test Incorrectly
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    Office Demonstrates Walk and Turn Test Incorrectly
    RESULT: Case dismissed.

    Client was pulled over for speeding and admitted to drinking 4-5 beers. This was a classic case of officer ignorance and arrogance. Specifically, the trooper when demonstrating the turn on the "walk and turn" test, demonstrated the turn wrong. If done correctly, the trooper would have left his lead (left) foot in place and then turned to his left by using his back foot to move around. Instead, the trooper turned to his right. Then (ironically) the trooper claimed my client did the turn wrong, having assumed that he had demonstrated the turn correctly.

  • Video Footage Provides Insufficient Proof that Tests Demonstrated Correctly
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    Video Footage Provides Insufficient Proof that Tests Demonstrated Correctly
    RESULT: Case dismissed.

    AA 1st was arrested on graduation night at the University of Texas. He was there to help his girlfriend celebrate her graduation. Here is what happened from the police video. The video started at some completely irrelevant location. We can see the officer drive towards the south mall of the UT campus. When the police car first rolls up, it is impossible to tell where anyone is. It isn't that it is crowded. The problem is that the officer hasn't yet gotten close to the few people who are there. Eventually he drives his patrol unit forward and we can see that another officer had just finished administering the first of the three Standardized Field Sobriety Tests ("SFSTs"). So we really have no idea how well the test was administered. Even when the Walk And Turn test is done the video is of poor quality. We can hear neither what the officer said nor what my client said. We can only clearly see how my client performs on the test, not how it is explained to him. And if my client was instructed incorrectly, and then performs as he was instructed, it would not be fair for him to be penalized. Finally, when it comes to the One Leg Stand, we see that my client did okay. This case was set for trial and was on the jury docket on many settings. But when my client's case was finally reached, the State finally offered something that my client felt he could not turn down, and the State dismissed the DWI charge.

  • Client Pulled Over After Swerving Between Lanes
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    Client Pulled Over After Swerving Between Lanes
    RESULT: Case dismissed.

    Client was clocked at 75 MPH in a 55 MPH zone on I-35. Client's vehicle drifted from the left lane into the middle lane, then straddled both lanes. Police officer watched client's vehicle swerve into the right hand lane, which was occupied, and watched the vehicle that already occupied the right hand lane swerve to avoid collision. Officer pulled client over and gave him field sobriety tests. Client failed all three. Client agreed to blow, and the result was .115 both times.

  • Officer Interfered During the Field Sobriety Test
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    Officer Interfered During the Field Sobriety Test
    RESULT: DWI charge dismissed.

    Client had 2-3 whiskey and cokes, then was trying to drive friends back home when he was pulled over. Officer interfered with the client as he performed the Field Sobriety Tests. Case nearly went to trial, but State decided not to try the case, and instead offered a non-alcohol related charge.

  • Walk and Turn Test Performed Over Large Speed Bump
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    Walk and Turn Test Performed Over Large Speed Bump
    RESULT: Case dismissed.

    Client drove back to Austin from attending out of town funeral of family friend. Client was very upset, crying, and had a drink before leaving funeral. When pulled over, client was speeding. Police officers had client perform the "walk the line" test on large speed hump, so that client had to walk both uphill and downhill during the test.

  • Medication Affected Client’s Dizziness and Balance
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    Medication Affected Client’s Dizziness and Balance
    RESULT: DWI Case Dismissed.

    This is a good example example of medical conditions that existed before the arrest having affected the validity of the officer's opinion that my client was intoxicated. The police originally noticed my client because he had parked on a median of a freeway on-ramp. My client had parked there because his car had become inoperable. My client told the officer that he was on several heart medications. After the arrest, my client's doctor fine-tuned his prescription of heart medications, reducing the dosage of one medication and eliminating the other completely because the combination of drugs was causing my client to become dizzy and lose his balance. Also, my client's doctor really stepped up, took responsibility, and wrote in his letter to me that he had orally instructed my client that he could consume alcohol in moderate amounts, even when taking the medications.

  • Problems with Police Conduct During Three Field Sobriety Tests
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    Problems with Police Conduct During Three Field Sobriety Tests
    RESULT: DWI Case Dismissed.

    This case was an old-fashioned battle about how well the police officer administered the field sobriety tests. As for the pen test, the officer held the pen way too high and moved it more diagonally than horizontally and she held the pen too close to my client's face, when she should have held it 12-15" away from his face. The walk and turn test was a closer call, mostly because of the officer's somewhat aggressive grading. The one leg stand test was interesting, because the officer allowed my client to start the test and then (as officers often will) tried to make a secret, quiet comment to herself on the audio of the tape that she saw my client's foot go down. The problem was her comment was neither secret nor quiet. It sounded like a command, not a "note to self." So my client, in obedience to the command he heard, put his foot down. This was all good grist for the negotiation that led to my client's DWI case being dismissed.

  • Failed Field Sobriety Test Because of Previous Nerve Damage
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    Failed Field Sobriety Test Because of Previous Nerve Damage
    RESULT: DWI Case Dismissed.

    This is a good example of using legitimate medical problems that existed before the arrest. This client had extensive nerve damage, which we documented with many medical records. The fact of the matter was that he could not have performed the field sobriety tests stone cold sober because of his medical condition. We proved that and got the right result.

  • Client Could Not Perform Tests Because of Recent Pelvis Surgery
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    Client Could Not Perform Tests Because of Recent Pelvis Surgery
    RESULT: DWI Case Dismissed.

    This is another good example of using legitimate medical problems that existed before the arrest. Before his arrest, this client had surgery on his pelvis, and had on-going pain. He told the police officer about all of that, but they still wanted him to do the walk and turn and the one leg stand tests.

  • Eye and Knee Surgery Affect Ability to Perform “Pen” Test and “Walk and Turn”
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    Eye and Knee Surgery Affect Ability to Perform “Pen” Test and “Walk and Turn”
    RESULT: DWI Case Dismissed.

    This is yet another good example of using legitimate medical problems that existed before the arrest. This client had had eye surgery which had not gone well and had knee surgery. The eye surgery, of course, affected his ability to perform on the "pen" test and the bad knee affected his ability to perform on the walk and turn and on the one leg stand tests.

  • Iraq Veteran with Shrapnel Wounds Forced to do “Walk the Line” Test
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    Iraq Veteran with Shrapnel Wounds Forced to do “Walk the Line” Test
    RESULT: Dismissed.

    Client had driven his vehicle west bound on 6th Street across Lamar and was pulled over for speeding. Client was an Iraq war veteran, who had been wounded in the legs by shrapnel from enemy mortar rounds. Police officer questioned client in rapid fire fashion about his health, among other things. In answer to one of the rapid fire questions, client said "no, sir," in answer to whether he had any health problems. Then the field sobriety tests began. When it came time for the "walk the line" part of the tests, client brought up that he had been wounded in legs and suffered nerve damage. Officer behaved as if client were making up a story about being wounded in the legs in combat, even though client was wearing shorts and the wounds were visible.

  • Client Fell Asleep in Car without Driving in Parking Lot
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    Client Fell Asleep in Car without Driving in Parking Lot
    RESULT: Dismissed.

    My client went with some friends to a club on 6th Street to see a band. His plan was to drive down in his car, see the show, have a few drinks, and then get a ride back home with his designated driver. At some point during the show, client decided he'd had way too much to drink, so he walked outside to get some air. It was warm out, so client went to get in his vehicle to turn on the air conditioning. Witnesses said that before client made it to his vehicle, he vomited. Then client got in, turned the engine on, turned the air conditioning on, and passed out. The police arrived. The first thing client said was "I'm way too drunk to drive." Police asked client to perform field sobriety tests. Client said he was too drunk to do that, too. Police asked client to blow. He did, and his result was approximately .161. Case was set for jury trial, the whole issue being whether client had "operated" a motor vehicle.

  • Client Fails “Pen” Test But Passes “Walk and Turn” Test
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    Client Fails “Pen” Test But Passes “Walk and Turn” Test
    RESULT: Dismissed.

    The DWI Task Force officer said that my client showed 6 clues out of a possible 6 on the pen test. But even the officer admitted that my client did not make a single mistake on the Walk and Turn test. The officer contended that my client failed the One Leg Stand test. Case was set for jury trial.

  • Officer Admitted to Incorrectly Administering Horizontal Gaze Nystagmus (“Pen”) Test
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    Officer Admitted to Incorrectly Administering Horizontal Gaze Nystagmus (“Pen”) Test
    RESULT: Dismissed.

    Client was pulled over for speeding early in the morning in a neighborhood. Field sobriety tests were administered. Client did well on the Walk and Turn test, but swayed and used his arms for balance on the One Leg Stand test. During the ALR hearing, the officer admitted that he had incorrectly administered the Horizontal Gaze Nystagmus test. (My client kept his license. See below.) I showed the prosecutor that my client's performance during the One Leg Stand test was due to a pre-existing medical condition.

  • Officer Interrupted During Tests Performed on High Point on Windy Day
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    Officer Interrupted During Tests Performed on High Point on Windy Day
    RESULT: DWI Case Dismissed.

    Client was pulled over for speeding while driving northbound on I-35, after taking the flyover exit to US 183 northbound. The officer elected to have client perform the Field Sobriety Tests (FSTs) at the highest part of the flyover, on a windy day, with cars whizzing by at freeway speeds. Officer repeatedly interrupted client during the client's performance of the FSTs when he should have just stood back and observed.

  • DWI After Collision Reduced to Non-Alcohol Related Charge
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    DWI After Collision Reduced to Non-Alcohol Related Charge
    RESULT: DWI case dismissed.

    Client collided with another vehicle in downtown Austin. Client admitted to having some strong drinks before driving. Police officer administered field sobriety tests, then said my client failed.

    If you look closely at the Dismissal Form, you'll see an "x" next to a sentence that says "The case has been refiled." That means that the case was reduced from a DWI case to a non-alcohol related charge my client was willing to plead "no contest" to.

  • Alcohol Charges Reduced After Controlled Substance Found During Search
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    Alcohol Charges Reduced After Controlled Substance Found During Search
    RESULT: DWI case dismissed.

    Client was pulled over for speeding. Police officer administered Field Sobriety Tests, then said my client failed. Police arrested client, then searched him and found a controlled substance in his pocket. If you look closely at the Dismissal Form, you'll see an "x" next to a sentence that says "The case has been refiled." That means that the case was reduced from a DWI case to a non-alcohol related charge my client was willing to plead guilty to.

  • DWI Case Reduced to Reckless Driving Because of Weak Evidence
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    DWI Case Reduced to Reckless Driving Because of Weak Evidence
    RESULT: Case dismissed.

    The prosecutor's case was weak and I showed them that. They offered to dismiss the DWI if my client would plead to a "reckless driving" charge. My client felt he could not turn down their offer.

  • Officer Who Testified Did Not Personally Witness Driving; Hearsay Not Allowed
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    Officer Who Testified Did Not Personally Witness Driving; Hearsay Not Allowed
    RESULT: Client kept his driver's license.

    The Administrative License Revocation hearing went well for my client because the Administrative Law Judge decided that the Department of Public Safety had tried to push past the boundaries of the hearsay rule. Here's how it went down. Some unknown person called 911 and said my client had failed to pay for a drink and that he "didn't look right." The unknown 911 operator dispatched an officer to the scene. The officer who arrived and found my client behind the wheel trying to start the engine did not show up to testify. The officer who did testify could not say of his own personal observation that my client was operating, or even attempting to operate a motor vehicle. So, if there was no proof of driving, then there was no proof of driving while intoxicated.

  • Lack of Camera Evidence to Prove Sobriety Tests Performed Incorrectly
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    Lack of Camera Evidence to Prove Sobriety Tests Performed Incorrectly
    RESULT: Dismissed.

    The University of Texas Police Department pulled my client over for running a stop sign, smelled alcohol on my client's breath, and had him get out of his car to perform Field Sobriety Tests. The second UTPD officer who arrived arranged his car and his camera so far back that my client and the officer who gave the Field Sobriety Test could barely be seen. My client didn't blow and the UTPD video was basically worthless.

  • Case Dismissed After Officer Admitted to Mistakes During “Pen” Test
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    Case Dismissed After Officer Admitted to Mistakes During “Pen” Test
    RESULT: License revocation case Dismissed.

    My client was pulled over for allegedly speeding in a residential neighborhood. The officer who administered Field Sobriety Tests admitted under my cross-examination that he administered the tests, including the Horizontal Gaze Nystagmus (sometimes called the "pen" test) incorrectly.